Tenant Can't Claim Initial Registration Wasn't Delivered

LVT Number: 13942

Tenant complained of a rent overcharge. The DRA ruled for tenant and found that the overcharge was willful. Tenant appealed, claiming that there should be an additional penalty for landlord's failure to file the initial rent registration form and the 1991 annual rent registration. The DHCR ruled against tenant. Tenant filed her complaint in September 1991. So the base date for tenant's complaint was September 1987, and the DHCR couldn't consider whether the 1984 registration was delivered. Also, landlord had filed the 1991 annual registration in 1992.

Tenant complained of a rent overcharge. The DRA ruled for tenant and found that the overcharge was willful. Tenant appealed, claiming that there should be an additional penalty for landlord's failure to file the initial rent registration form and the 1991 annual rent registration. The DHCR ruled against tenant. Tenant filed her complaint in September 1991. So the base date for tenant's complaint was September 1987, and the DHCR couldn't consider whether the 1984 registration was delivered. Also, landlord had filed the 1991 annual registration in 1992. So landlord was entitled to charge rent increases after the filing was done.

Britvan Realty/Perkins: DHCR Adm. Rev. Dckt. Nos. KK210055RO, KK210056RO, and KK210060RT (1/20/00) [2-pg. doc.]

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